Tag Archives: Lessor’s Disclosure Statements

What you need to know about changes to the Retail Leases Act now in effect

Changes to the Retail Leases Act 1994 (NSW) (RLA NSW) have come into force from 1 July 2017, following a quiet 13-year period without any amendments to the act. Both landlords and tenants of retail premises in New South Wales will be impacted – here are some key changes they must know:

Lessor’s Disclosure Statements

We see the introduction of section 12A, which provides:

  • That a lessee is not liable to pay any amount to the lessor regarding any outgoings unless the liability to pay the amount was disclosed in the lessor’s disclosure statement for the lease.That where a cost estimate has been provided, and the estimated amount is less than the actual amount – if there was no reasonable basis for the estimate when the lessor’s disclosure statement was given, then the lessee’s liability for any payment will be determined on the estimate and not the actual amount.
  • That where a cost estimate has been provided, and the estimated amount is less than the actual amount – if there was no reasonable basis for the estimate when the lessor’s disclosure statement was given, then the lessee’s liability for any payment will be determined on the estimate and not the actual amount.
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